The status of the First Nations, Aboriginal people of British Columbia, Canada, is a long-standing problem that has become a major issue in recent years. In 1763 the British Crown declared that only it could acquire land from First Nations through treaties.[1] Historically only two treaties were signed with the First Nations of BC. The first of which was the Douglas Treaties, negotiated by Sir James Douglas with the native people of southern Vancouver Island from 1850-1854.[2] The second treaty, Treaty 8, signed in 1899 was part of the Numbered Treaties that were signed with First Nations outside of British Columbia.[3] British Columbian Treaty 8 signatories are located in the Peace River Country or the far North East of BC. For over nine decades no more treaties were signed with First Nations of BC; many Native people wished to negotiate treaties, but successive BC provincial governments refused until the 1990s.[4][5] A major development was the 1997 decision of the Supreme Court of Canada in the Delgamuukw v. British Columbia case that Aboriginal title still exists in British Columbia and that when dealing with Crown land, the government must consult with and may have to compensate First Nations whose rights are affected.[6]

In 1991 the Report of the BC Claims Task Force was released recommending a treaty commission be set up.[8] The British Crown passed its authority to negotiate treaties to Canada when it was created in 1867. Even though only the Canadian federal government has the authority to enter into treaties with First Nations[4] in 1992 the newly created British Columbia Treaty Commission (BCTP) and BC Treaty Process included the BC provincial government in the process by agreement among Canada, BC and the First Nations.[8] As of 2009 there are 60 First Nations participating in the BC treaty process. Because some First Nations negotiate at a common table, there are 49 sets of negotiations.[9] From 1992 to 2009 there have been a few treaties completed including the Maa-nulth First Nations Treaty signed on April 9, 2009,[10] and the Tsawwassen First Nation Treaty signed on April 3, 2009.[7] Another Treaty was ratified outside the BC Treaty process in 1999, the Nisga'a Treaty.[11] In May 1993 the Treaty Commission allocated approximately $432 million in negotiation support funding to more than 50 First Nations- $345.6 million in the form of loans and $86.4 million in the form of contributions.[12] Of that money the Treaty Commission's total operating costs from 1993 to March 31, 2009 has spent $34.2 million.[12]

There is considerable disagreement about treaty negotiations; while polls have shown that 25% of British Columbians are opposed to it,[13] a substantial minority of native people consider the current treaty process inadequate and have therefore refused to participate. Tapping into this public sentiment in 2002, the BC Liberal Party mailed out ballots for a provincial British Columbia Aboriginal treaty referendum on principles for treaty negotiations, sparking protests and a boycott. Because of the boycott and general public apathy only about a third of eligible voters took part in the referendum,[14] which passed with 80% of those who responded voting "Yes" to continuing the Treaty Process.[15]

A November 21, 2007 court threatened the Treaty Process when the ruling for the Xeni Gwet'in First Nation was given. The judge ruled that the Xeni Gwet'in could demonstrate Aboriginal title to half of the Nemaiah Valley, and that the province had no power over these lands.[16] Under the BC treaty process, negotiating nations have received as little as 5% of their claimed land recognized. Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, member governments of which reject the treaty process and remain outside it, has called the court victory a "nail in the coffin" of the B.C. treaty process.[16] He went on to say, "Why would any First Nation be foolish enough to ratify any [treaty] settlement for less than five per cent of their territory when the Xeni Gwet'in [have] achieved recognition of their title to 50 per cent of their territory?"[16]

Even with the Xeni Gwet'in ruling First Nations across BC are still continuing the Treaty process advancing through the six-stage process to eventual Treaty implementation. While Chief Stewart Phillip had claimed that the First Nations themselves would slow down or leave the treaty process it is the Canadian government who is holding up many of the treaties.[17]

In 1992 The Treaty Commission and the treaty process were established in by agreement among Canada, British Columbia and the First Nations Summit. Through the Treaty Commission a process was reached where treaties would follow a six-stage system to successful Negotiation.[18]

On March 30, 2007, the Lheidli T'enneh Band held a ratification vote on the Final Agreement. With a final count of 123 against and 111 in favour, the Lheidli T'enneh community did not ratify the Final Agreement.[55]

Canada does not classify the Lower Post First Nation as a band, but rather as one of eight reserves belonging to the Yukon-based Liard First Nation. Negotiations are suspended until Canada resolves legal issues related to Yukon, BC boundaries.[39]

The McLeod Nation was originally left out of the Treaty 8 bill even though they live on its land. The McLeod Lake Indian Band Treaty No. 8 Adhesion and Settlement Agreement rectified this oversight.[57]

In December 2009 a reconciliation protocol was signed outside of the BC Treaty Process between the BC government and the First Nations represented by the Haida Nation.[64] Along a number of economic issues being settled an agreement was reached to rename the Queen Charlotte Islands to the Haida Gwaii.[64]

In December 2009 a reconciliation protocol was signed outside of the BC Treaty Process between the BC government and the First Nations represented by the Haida Nation.[64] Along a number of economic issues being settled an agreement was reached to rename the Queen Charlotte Islands to the Haida Gwaii.[64]

Under that BC Treaty Process, bands have received title to about five per cent of the land they have claimed plus cash. In 2007 the Xeni Gwet'in First Nation won a court ruling that gave them 50% of their claim.[16]